New Jersey Spa Agrees to $6M Wrongful Death Settlement

A wrongful death claim against a New Jersey spa concludes with a multimillion-dollar resolution, raising questions about safety protocols and staff oversight.

ByZach Barreto

Published on

Spa Hot Tub

A wrongful death lawsuit stemming from a fatal drowning at a New Jersey spa has concluded with a $6 million settlement, resolving claims that the facility failed to adhere to basic safety protocols designed to protect patrons. The case arose from the December 2022 death of Albinot Shaqiri, a 46-year-old father of two, who drowned while using a hot tub at a spa facility in Edison, New Jersey.

According to court records, Shaqiri was discovered face down and unconscious in the hot tub by another patron after losing consciousness and submerging beneath the water. Efforts by fellow patrons to remove him from the tub and administer CPR were unsuccessful. The estate alleged that spa employees failed to conduct routine checks of the hot tub area, contrary to company policy, allowing the incident to go unnoticed until it was too late.

The lawsuit was filed in May 2024 in the Superior Court of New Jersey, Middlesex County, asserting that lapses in staff training, supervision, and equipment maintenance contributed directly to Shaqiri’s death.

Allegations of Safety Failures

Central to the estate’s claims were allegations that the spa did not properly train employees to monitor patrons using the hot tubs and failed to ensure that lifesaving equipment was maintained and ready for use. The complaint asserted that employees neglected to perform periodic welfare checks, a precaution intended to identify medical distress or other emergencies in a timely manner.

The estate also raised concerns regarding the spa’s emergency preparedness, including the maintenance of its automated external defibrillator. According to statements made during the litigation, the spa was unable to produce records demonstrating that the device had been routinely inspected or serviced, calling into question whether staff could have responded effectively to a medical emergency.

These alleged deficiencies formed the basis of the negligence claims, with the estate arguing that the spa breached its duty of care by operating an unsafe environment for patrons engaging in inherently risky activities involving hot water immersion.

Damages and Legal Challenges

While the estate sought compensation for wrongful death and related losses, the case presented notable challenges concerning damages. One potential limitation involved the scope of recoverable damages under New Jersey law, which restricts certain categories of noneconomic recovery. In particular, the state does not permit claims for loss of enjoyment of life, a factor that can significantly affect the valuation of wrongful death cases.

Additionally, the defense was positioned to challenge the extent of damages tied to the loss of services claim brought on behalf of Shaqiri’s wife, Arbesha Berisha. The defense indicated it would argue that the couple had been separated and contemplating divorce at the time of Shaqiri’s death, potentially reducing the economic impact attributed to the loss of marital support.

Despite these issues, counsel for the estate maintained that such considerations did not diminish the spa’s responsibility to operate safely. As stated by the estate’s attorney in a statement, “You didn’t follow your own protocols,” emphasizing that alleged personal circumstances did not alter the establishment’s duty of care to its patrons.

Settlement and Its Implications

The parties reached a $6 million settlement in December 2025, bringing the litigation to a close before trial. The resolution followed extensive discussions regarding the spa’s safety practices and the circumstances surrounding the incident. According to the estate, the settlement reflected the seriousness of the alleged failures and the risks posed by inadequate monitoring in aquatic environments.

The case also highlighted broader policy considerations in premises liability and wrongful death litigation, particularly in states with more limited damages frameworks. While the settlement amount was substantial by New Jersey standards, the estate contended that recoverable damages could have been higher in jurisdictions permitting broader categories of noneconomic loss.

The spa did not issue a public statement regarding the settlement, and counsel for the defendants did not respond to requests for comment. The agreement resolves all claims against the spa entities named in the lawsuit.

Broader Lessons for Premises Operators

The outcome underscores the legal exposure faced by health clubs and spa operators when internal safety policies are not consistently enforced. Facilities offering hot tubs, pools, and similar amenities are expected to implement active monitoring, maintain emergency equipment, and train staff to recognize and respond promptly to signs of distress.

From a risk management perspective, the case illustrates how alleged lapses in routine procedures can form the basis for high-value wrongful death claims. It also serves as a reminder that documentation of equipment maintenance and staff training can be critical in defending against allegations of negligence.

As premises liability claims continue to scrutinize safety practices in recreational settings, operators may face increased pressure to review and reinforce compliance with established protocols to mitigate the risk of similar incidents.

Case Details

Case Name: Shaqiri v. Island Spa and Sauna et al.
Court Name: Superior Court of New Jersey, Middlesex County
Case Number: MID-L-2850-24
Plaintiff Attorney(s): Eichen Crutchlow Zaslow LLP
Defense Attorney(s):
The Hartford


About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, and defective products. His skills are particularly evident in handling complex litigation matters, including high-profile cases such as opioids litigation, NFL concussion litigation, California wildfires, 3M earplugs, Elmiron, transvaginal mesh, Roundup, Camp Lejeune, hernia mesh, IVC filters, Paraquat, Paragard, talcum powder, and Zantac.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ. Zach holds a Bachelor's Degree in Political Science and European History from Vanderbilt University.

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